UNIVERSITY OF DELHI / SCHOOL OF OPEN LEARNING
Generic Elective (GE) - Political Science
INTRODUCTION TO
THE INDIAN CONSTITUTION
N.O.T.E.S
UNIT-VI
(b) DECENTRALIZATION
INTRODUCTION :
I. Grassroots Democracy and Local Governance
- Grassroots democracy aims to shift decision-making authority to the lowest geographic level.
- It establishes formal and informal institutions for citizen-citizen and citizen-state interaction.
- Local governance is associated with decentralization of power.
II. Decentralization
- Decentralization involves the gradual transfer of functions, resources, and decision-making powers.
- Types of decentralization include privatization, de-concentration, downward fiscal transfers, and devolution.
- Devolution is considered the ideal form of decentralization as it transfers tasks, resources, and decision-making powers to lower-level democratically elected bodies.
- It grants independence to these bodies from higher-level authorities.
Summary Points :
1. Grassroots democracy emphasizes decision-making at the local level and facilitates citizen-state interaction.
2. Local governance is linked to decentralization, which involves transferring power to lower-level bodies.
3. Different types of decentralization include privatization, de-concentration, downward fiscal transfers, and devolution.
4. Devolution is regarded as the most comprehensive form of decentralization, involving the transfer of tasks, resources, and decision-making powers to lower-level elected bodies.
5. This transfer of power to lower-level bodies grants them independence from higher-level authorities.
HISTORY OF LOCAL GOVERNANCE IN INDIA: AN OVERVIEW
Historical Background
- Local governance existed before nation-states, with tribes and clans establishing their systems.
- They developed codes of conduct, revenue generation methods, and service delivery for their communities.
- Some tribes expanded their influence through conquest and cooperation, leading to the establishment of early dynasties like the Xia in China and civilizations like the Indus Valley in ancient India.
Gandhian Ideas on Local Government
- Mahatma Gandhi's concept of village Swaraj emphasized autonomous and interdependent local governance.
- Village panchayats, consisting of five annually elected members, would govern the village with legislative, judicial, and executive powers.
- This system promoted individual freedom and democracy, with villagers having a direct role in shaping their government.
Summary Points:
1. Local governance predates nation-states and was established by tribes and clans worldwide.
2. Early civilizations like the Xia dynasty in China and the Indus Valley civilization in ancient India had well-developed systems of local governance.
3. Mahatma Gandhi's vision of village Swaraj emphasized autonomous village republics governed by elected panchayats.
4. Panchayats would possess authority and jurisdiction, acting as the legislature, judiciary, and executive, with villagers participating in decision-making.
5. Gandhi's concept promoted individual freedom and a democratic system where individuals shaped their government.
1. Local Governance in the British Colonial Period :
I. Historical Background
- Self-governing village communities with panchayats existed in India from ancient times.
- Village sabhas and grains served as council assemblies and village elders until about 600 B.C.
- Panchayats emerged as assemblies of five people with police and judicial powers.
- Custom and religion elevated panchayats to positions of authority.
- Caste panchayats enforced codes of conduct within specific castes.
II. Local Governance in the British Colonial Period
- British rule disrupted traditional village communities and panchayats.
- British colonial rulers initially established local bodies with nominated members in major towns.
- The Mayo Resolution in 1870 aimed at decentralization of power for administrative efficiency.
- The Ripon Resolution in 1882 established local bodies with elected non-official members, marking a shift towards self-government.
- The Montagu-Chelmsford Reforms in 1919 brought local self-government under Indian ministers but had limitations in creating truly democratic panchayat institutions.
- Acts were passed for establishing village panchayats in several provinces, but their coverage and functions were limited.
III. Government of India Act 1935 and Provincial Autonomy
- The Government of India Act of 1935 led to the enactment of legislation for democratizing local self-government institutions, including village panchayats.
- From 1935 to 1947, the status of panchayats remained unchanged.
Summary Points:
1. India had self-governing village communities with panchayats since ancient times.
2. Panchayats had administrative, police, and judicial powers and played a central role in village life.
3. British colonial rule disrupted traditional village governance, but formal local bodies with nominated members were established in major towns.
4. The Mayo Resolution in 1870 aimed at decentralization, while the Ripon Resolution in 1882 introduced elected non-official members to local bodies, promoting self-government.
5. The Montagu-Chelmsford Reforms in 1919 expanded local self-government under Indian ministers but had limitations in creating vibrant panchayat institutions.
6. The Government of India Act 1935 and Provincial Autonomy brought further legislation for democratizing local self-government, including village panchayats.
7. Despite these reforms, the status of panchayats remained relatively unchanged until 1947.
2. Constituent Assembly Debates :
I. Background
- Gandhi's influence during the national movement and the importance of village panchayats raised expectations for democratic decentralization in India's constitution.
- The first draft of the constitution did not include provisions for panchayats.
- Ambedkar expressed concerns about village republics, seeing them as centers of localism, ignorance, narrow-mindedness, and communalism.
II. Debates in the Constituent Assembly
- Some members defended local governance, acknowledging the issues in certain villages but emphasizing the positive aspects of others.
- The example of the popular government in Mysore was cited as encouraging.
- Despite some leaders advocating for local governance, panchayats were not given statutory recognition.
III. Constitutional Provisions
- Panchayats were included in Article 40 of the Indian constitution and listed as entry 5 in the seventh schedule.
- State legislatures were empowered to legislate on matters related to local government and establish such local authorities.
- State legislatures could confer powers, including the power to levy taxes, upon local authorities.
- However, no significant steps were taken to involve village panchayats in social transformation and development program implementation.
Summary Points:
1. Gandhi's influence and the significance of village panchayats created expectations for democratic decentralization in the Constitution.
2. The first draft of the constitution did not include provisions for panchayats.
3. Ambedkar criticized village republics, while some members defended local governance.
4. Panchayats were included in Article 40 and listed as entry 5 in the seventh schedule of the constitution.
5. State legislatures were empowered to legislate on local government matters and confer powers on local authorities.
6. Despite these provisions, village panchayats did not receive a substantial role in social transformation and development program implementation.
3. Rise and Decline of Panchayats till 1977:
I. Early Fifties Development Strategy:
- India initially relied on centrally administered plans for development.
- The Community Development Project in 1952 faced challenges due to the lack of effective participation instruments.
- A committee led by Balwant Ray Mehta studied the failures and recommended administrative decentralization and control by elected bodies for effective implementation.
II. Implementation of Panchayati Raj:
- Balwant Ray Mehta's recommendations favored democratic decentralization.
- Panchayati Raj institutions were established in all states, starting with Rajasthan.
- Panchayati Raj became a process of governance, linking people from Gram Sabha to Lok Sabha.
- Nehru hailed it as a revolutionary step for a new India, emphasizing the importance of building democracy from the grassroots.
III. Impact and Assessment:
- Panchayati Raj institutions reached most of the inhabited villages, covering a significant rural population.
- People felt empowered and satisfied with their participation in decision-making.
- The delegation of powers to people's representatives improved education, and administration, and reduced corruption.
- Several states formed committees to assess the work and recommend improvements.
IV. Decline and Challenges :
- The decline of Panchayati Raj was attributed to inadequate funds and insufficient support from the state and central governments.
- Elections were sometimes influenced by traditional rivalries, leading to delays and ineffective outcomes.
- The role of panchayats diminished with the reduction of the Community Development Ministry and its merger with other departments.
- New schemes and programs integrated with districts overshadowed the community and panchayats as agents of change and development.
Summary Points:
1. Initially, India's development strategy relied on centrally administered plans.
2. The Community Development Project faced challenges due to limited participation.
3. Balwant Ray Mehta's team recommended administrative decentralization and control by elected bodies.
4. Panchayati Raj institutions were established in all states, starting with Rajasthan.
5. People felt empowered and satisfied with their participation in decision-making.
6. However, the decline of Panchayati Raj occurred due to inadequate funds and state support.
7. Traditional rivalries and delays in elections obstructed the functioning of panchayats.
8. The role of further marginalized with departmental changes and new integrated schemes.
9. Panchayati Raj was seen as a significant process of governance but faced challenges in sustaining its impact.
ASHOK MEHTA COMMITTEE 1978 :
1. Ashok Mehta Committee:
- The committee was formed to investigate and strengthen the functioning of Panchayati Raj institutions.
- It marked a turning point in the concept and functioning of Panchayati Raj.
- It is recommended that all development activities should flow through the block-level organization.
- Panchayat samiti was considered a key unit of decentralization.
2. Second-Generation Panchayats:
- Panchayats were established in Bengal and other states based on the recommendations of the Mehta Committee.
- Panchayats developed into political institutions, with increased power given to local bodies.
- Constitutional support became necessary due to the concentration of power at the center.
3. Challenges and Recommendations:
- The success of Panchayati Raj demanded political will, people's awareness, and constitutional and legislative changes.
- A sub-committee of Parliament recommended strengthening the Panchayati Raj system and giving constitutional status to panchayats.
- The 64th Amendment Bill, based on the Mehta Committee's recommendations, faced opposition due to its uniform approach and lack of state involvement.
- The 72nd and 73rd Amendment Bills were introduced in 1991, referred to a Joint Select Committee, and eventually passed as the 73rd and 74th Amendment Acts.
- These amendments brought about significant changes in local government and India's federal character.
Summary Points :
1. Ashok Mehta Committee investigated and strengthened Panchayati Raj.
2. Second-generation panchayats emerged with increased local body power.
3. Constitutional support became necessary due to centralized power.
4. Recommendations focused on political will, awareness, and constitutional changes.
5. The 64th Amendment Bill faced opposition, leading to the appointment of the S.R. Bommai committee.
6. The 73rd and 74th Amendment Acts were passed, bringing fundamental changes to local government and India's federal character.
73rd AMENDMENT ACT: KEY MANDATORY PROVISIONS :
1. Gram Sabha:
- Gram Sabha is a body consisting of individuals registered in the electoral rolls of a village.
- It has powers and functions as provided by the state legislature.
2. Constitution of Panchayats:
- Panchayats are established at the village, intermediate, and district levels in most states.
- Exceptions are states with populations below 2 million.
- Elections are held directly for all panchayat seats and indirectly for the positions of chairperson at intermediate and district levels.
- Panchayat elections are compulsory every five years, with vacancies filled within six months if dissolved prematurely.
3. Seat Reservations:
- At least one-third of seats in every panchayat are reserved for Scheduled Castes and Scheduled Tribes.
- Within this reservation, one-third of seats are reserved for women from Scheduled Castes or Tribes.
- One-third of total seats filled by direct election in every panchayat are reserved for women, rotated across constituencies.
- One-third of chairperson offices at all levels are reserved for women, including women from Scheduled Castes and Tribes.
4. Election Commission and State Finance Commission:
- An independent Election Commission oversees local body elections.
- State Finance Commission is established every five years to review the financial position of local bodies and recommend fund allocation and taxation authority.
5. District Planning Committees:
- District Planning Committees consolidate plans prepared by rural and urban local bodies.
- Plans are based on allocated funds and provide a well-planned resource management approach.
6. Specific Provisions for Tribal and Scheduled Areas:
- Part IX applies to Scheduled Areas and tribal areas mentioned in Article 244.
- Part IX applies to specific states and hill areas where District Councils exist.
- Parliament can extend these provisions to Scheduled Areas and tribal areas with exceptions and modifications.
7. Implementation:
- All states and Union Territories have enacted/amended their Panchayati Raj Acts to incorporate the provisions of Part IX of the Constitution.
Summary Points:
1. Gram Sabha consists of registered individuals and has specific powers.
2. Panchayats are established at different levels, and direct/indirect elections are held for seats and chairperson positions.
3. Seat reservations ensure representation for Scheduled Castes, Scheduled Tribes, and women.
4. Independent Election Commission manages local body elections, and State Finance Commission reviews finances.
5. District Planning Committees consolidate plans and allocate funds.
6. Specific provisions apply to tribal and scheduled areas.
7. All states and Union Territories have implemented Panchayati Raj Acts based on Part IX of the Constitution.
THE PROVISIONS OF THE PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996
1. Enactment of PESA:
- The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extended the provisions of Part IX of the Constitution to the Fifth Schedule Areas with modifications.
- PESA empowered Gram Sabhas in Fifth Schedule Areas with development, planning, audit functions, management of natural resources, and adjudication of justice based on traditions and customs.
2. Issues in the Working of Panchayati Raj Act:
- Limited transfer of power to Panchayats: State legislatures have been reluctant to make Panchayats autonomous, resulting in them being mere implementing agencies for the state and central governments.
- Lack of funds: Panchayats struggle due to inadequate financial resources, as states have not exercised the power to tax or devolve funds to them. This leads to limitations in carrying out basic governance functions.
- Proxy candidates: Reservation of seats for women in Panchayats resulted in some women acting as proxies for male family members, lacking the knowledge and experience to effectively fulfill their roles.
- Unscientific distribution of functions: The distribution of functions among different levels of Panchayati Raj structures lacks scientific reasoning, leading to confusion, duplication of efforts, and a loss of autonomy for local self-government institutions.
- Bureaucratic attitude: Bureaucratic officials hold key positions, hindering effective participation and cooperation between elected representatives and officials. Lack of coordination and parallel structures of power are common issues.
- Undemocratic composition: Some Panchayati Raj institutions are constituted without following democratic norms, and delays occur in holding elections. Indirect elections and ex-officio members in higher-level institutions undermine democratic principles.
- Disillusionment: Factionalism, corruption, inefficiency, political interference, and power concentration affect the performance of Panchayati Raj Institutions, hindering developmental projects.
- Politicization: Panchayati Raj Institutions are often seen as arms of political parties, particularly the ruling party, rather than vehicles for democratic decentralization.
Summary Points:
1. PESA extended Panchayat provisions to Fifth Schedule Areas with modifications.
2. Issues include the limited transfer of power, lack of funds, proxy candidates, unscientific function distribution, bureaucratic attitude, undemocratic composition, disillusionment, and politicization.
3. These issues hinder the effective functioning and autonomy of Panchayati Raj Institutions.
Way Ahead
- Clear mandates and financial autonomy are essential for effective local governance by elected representatives.
- Panchayats can serve as a platform for citizen-governance interface and the convergence of development efforts at the local level.
- Internal and external convergence of line departments' efforts with PRIs can enhance local development.
- Internal audits and regular Gram Sabhas can promote accountability of elected representatives and provide a forum for explaining their actions to the electorate.
- Social audit processes can be introduced at the local level to evaluate the quality and effectiveness of Panchayat work.
- Transparency in administration can be ensured through access to official records and accounts, starting from the Gram Panchayat level.
- Monitoring of community-based organizations can be carried out through reporting to Gram Sabhas.
- Training programs are needed for PRI representatives and local officials to collaborate and understand each other's roles and limitations.
- Attitudinal differences between politicians and bureaucrats can be reduced through experience and collaboration in managing local administration.
PRACTICE QUESTIONS
1. Describe the History of Local Governance in India?
History of Local Governance in India:
Local governance in India has a long history that can be traced back to ancient times. In the pre-colonial period, local governance was primarily carried out through village assemblies, known as sabhas or panchayats, which were responsible for decision-making and resolving disputes at the local level. These assemblies were democratic and included members from different sections of society.
During the British colonial rule, the system of local governance underwent significant changes. The British introduced the concept of local self-government, primarily to maintain law and order and collect revenue efficiently. They established local bodies such as municipalities and district boards, but these institutions were largely controlled by British officials and had limited participation from the local population.
After India gained independence in 1947, efforts were made to strengthen local governance. The Balwant Rai Mehta Committee (1957) recommended the establishment of democratic and decentralized local bodies, leading to the enactment of the Panchayati Raj system. However, it wasn't until the 73rd Amendment Act in 1992 that local governance gained constitutional recognition and a more structured framework.
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2. Comparison between Local Governance and Pre-Colonial Period.
Pre-colonial local governance in India was characterized by decentralized decision-making, active participation of local communities, and a sense of collective responsibility. The village assemblies, composed of elected members, played a crucial role in local governance, resolving disputes, and managing community affairs. These assemblies had a deep understanding of local issues and customs, ensuring effective governance.
In contrast, during the colonial period, local governance became more centralized and bureaucratic. British officials held significant power, and the local population had limited participation in decision-making processes. The focus shifted from community-oriented governance to revenue collection and maintaining law and order.
The post-independence period saw efforts to revive and strengthen local governance. The Panchayati Raj system aimed to restore democratic principles and decentralize power. However, the effectiveness of local governance varied across states, and challenges such as limited autonomy, inadequate resources, and bureaucratic interference persisted.
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3. Explain the Ashok Mehta Committee (1978).
Ashok Mehta Committee (1978):
The Ashok Mehta Committee was appointed in 1977 by the Government of India to examine the functioning of the existing system of local governance and make recommendations for its improvement. The committee was headed by Ashok Mehta, a politician and social activist.
The committee recommended the establishment of a three-tier system of Panchayati Raj, consisting of a village, intermediate (block), and district levels. It emphasized the need for decentralized governance, greater participation of the people, and devolution of powers and responsibilities to the local bodies. The committee also highlighted the importance of adequate resources and financial autonomy for the effective functioning of the Panchayati Raj institutions.
While some of the recommendations made by the Ashok Mehta Committee were implemented, significant changes were only realized with the passage of the 73rd Amendment Act in 1992.
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4. Explain the 73rd Amendment Act and key mandatory provisions.
73rd Amendment Act and Key Mandatory Provisions:
The 73rd Amendment Act passed in 1992, is a landmark legislation that provided constitutional recognition to Panchayati Raj institutions in India. It aimed to promote democratic decentralization and empower local self-governance. Key mandatory provisions of the 73rd Amendment Act include:
Constitutional status: The Act added the Eleventh Schedule to the Constitution, which delineates 29 subjects under the domain of Panchayati Raj institutions.
Three-tier system: It mandated the establishment of a three-tier system of Panchayati Raj institutions at the village, intermediate (block), and district levels.
Reservation: The Act required the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population. It also mandated a minimum of one-third of the total seats to be reserved for women in all tiers of Panchayati Raj institutions.
Elections: The Act made it mandatory to hold regular elections to Panchayati Raj institutions every five years, ensuring a democratic process for selecting representatives.
Functions and Powers: The Act empowered Panchayati Raj institutions with the authority to prepare and implement plans for economic development and social justice in their respective areas. They were given responsibilities in areas such as agriculture, education, health, rural development, and social welfare, among others.
Financial Powers: Panchayati Raj institutions were granted the power to levy and collect taxes, fees, and other revenues. They also received a share of the state government's financial resources through state finance commissions, ensuring financial autonomy and stability.
State Election Commissions: The Act called for the establishment of State Election Commissions to oversee and conduct Panchayati Raj elections in a free and fair manner.
District Planning Committees: The Act mandated the creation of District Planning Committees to prepare development plans for the district and coordinate with Panchayati Raj institutions.
Audit and Accountability: The Act emphasized the importance of transparency and accountability by requiring Panchayati Raj institutions to maintain proper accounts and conduct regular audits.
Social Justice: The Act aimed to promote social justice by empowering Panchayati Raj institutions to take measures for the welfare and development of marginalized sections of society.
Role of Gram Sabhas: The Act recognized the Gram Sabha, consisting of all adults in a village, as a key decision-making body at the village level. It provided Gram Sabhas with powers to approve plans, monitor implementation, and participate in the overall functioning of Panchayati Raj institutions.
Overall, the 73rd Amendment Act sought to strengthen local governance, empower marginalized communities, and promote grassroots democracy through the institutionalization of Panchayati Raj institutions with specific mandatory provisions.
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